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AMERICAN CANOE v. CITY OF LOUISA WATER

No. 02-6018.

389 F.3d 536 (2004)

AMERICAN CANOE ASSOCIATION, INCORPORATED; Sierra Club, Plaintiffs-Appellants, v. CITY OF LOUISA WATER & SEWER COMMISSION; Louisa Water Treatment Plant; City of Louisa, Kentucky, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 1, 2004.

Attorney(s) appearing for the Case

ARGUED: Sarah A. Adams, Terris, Pravlik & Millian, Washington, D.C., for Appellants. Eldred E. Adams, Jr., Adams & Adams, Louisa, Kentucky, for Appellees. ON BRIEF: Bruce J. Terris, Demian Asa Schane, Terris, Pravlik & Millian, Washington, D.C., for Appellants. Eldred E. Adams, Jr., Adams & Adams, Louisa, Kentucky, for Appellees.

Before: KENNEDY, MARTIN, and MOORE, Circuit Judges.

MARTIN, J., delivered the opinion of the court, in which MOORE, J., joined. KENNEDY, J. (pp. 547-50), delivered a separate opinion concurring in part and dissenting in part.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

Pursuant to the citizen-suit provision of the Clean Water Act, 33 U.S.C. § 1365, American Canoe Association and Sierra Club filed a complaint on both their own behalf and their members' behalf alleging that the defendants violated...

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